JUDGMENT

SHIVA KIRTI SINGH, J. –

1. Leave granted.

2. This Appeal is directed against judgment and order dated 6.9.2011 whereby the Orissa High Court dismissed, amongst other appeals, Writ Appeal No.387 of 2011 preferred by the appellant herein and upheld judgment and order of a learned Single Judge in W.P.(C)No.5326 of 2009 etc. pronounced on 27.6.2011. The High Court has held that DAV Public Schools operating in the State of Odisha, are although private unaided educational institutions, but are covered by the provisions of the Orissa Education Act, 1969 [hereinafter referred to as ‘the Act of 1969’] and hence the fees levied by such schools are subject to policy decisions of the State Government and their Managing Committee should conform to the requirements of the Act of 1969 read with relevant Rules of 1991. The fee structure revised by the concerned schools was not approved by the State Government and the High Court held against the appellant that revision of the fee structure could not be justified by the appellant that it is commensurate with the facilities provided to the students.

3. Apparently, this Court agreed with the contention of the Appellant that existing fee structure